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(영문) 춘천지방법원 강릉지원 2020.06.19 2020고단150
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 30, 2019, at around 09:55, the Defendant driven a new character car in B, and driven the front crosswalk in C with a private distance room in front of viewing from the intersection distance room. At that time, there is a crosswalk in which the restricted speed is 30km per hour to children protection zone, and there is no signal, so the Defendant found the part of the Defendant’s crosswalk in front of the victim’s right side of the road without any serious injury (e.g., the victim’s knee) by complying with the restricted speed, checking whether there is a person driving the vehicle, and allowing the driver of the vehicle to stop temporarily and stop the road, if there was a person to walk the crosswalk, and by checking whether there was a person driving the road, the Defendant was a duty of care to drive the new character car in front, and by neglecting the speed of 20km or more per hour, and by neglecting the duty of care to drive the vehicle at the right side of the Defendant’s speed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident, a actual survey report, and an analysis report on a traffic accident;

1. Each medical certificate and each general medical report;

1. Application of the Acts and subordinate statutes to photograph the scene of the accident, photographic booms image images;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 3 and 6 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of recommendations according to the sentencing guidelines [the determination of types] the general traffic accident [the category 1] the injury by traffic accident [the special person] - the mitigation element: the mitigation element (including serious efforts to recover the damage) - the aggravation element:

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